Universal Access To All Knowledge
Home Donate | Store | Blog | FAQ | Jobs | Volunteer Positions | Contact | Bios | Forums | Projects | Terms, Privacy, & Copyright
Search: Advanced Search
Anonymous User (login or join us)
Upload

Reply to this post | Go Back
View Post [edit]

Poster: Administrator, Curator, or StaffVideo-Cellar Date: Nov 28, 2009 12:52am
Forum: prelinger Subject: "Archive Farms" making false copyright claims on Prelinger Collection films used on Youtube.

A company called Archive Farms, Inc is using Youtube's content matching system to mark Prelinger films as their "copyright" property. The system is meant for rights owning companies to enable some control over the use of their works on Youtube. They supply a small sample of video or music and that is referenced during the encoding process for new uploads. Companies then have the option to block content altogether, or on a country-by-country basis, or to derive some advertising dollar form the video. This company has chosen the advertising dollar option. They seem to have claimed a whole bunch of PD films from the online collection here as their own. I just uploaded a copy of the cold war PSA "Survival Under Nuclear Attack" to my Youtube channel, where I put all my favourite shorts, PSAs and trailers. It got matched to copyright content apparently "owned" by Archive Farms Inc. I have disputed the match. My dispute claim is below. If this happens to anyone else feel free to copy and paste the response below for your dispute.

"Due to its being in the Public Domain and not the subject of Copyright protection, Archive Farms Inc does not OWN the copyright because no VALID copyright exists for this film. This print is owned by The Prelinger Archives. The film is published on their online archive (http://www.archive.org/details/Survival1951) and is made available under a creative commons public domain no rights reserved licence. The listed rights information on the online Prelinger Archives Collection states: "Rights: Rick Prelinger and The Internet Archive hereby offer these public domain films from Prelinger Archives to all for free downloading and reuse. You are warmly encouraged to download, use and reproduce these films in whole or in part, in any medium or market throughout the world. You are also warmly encouraged to share, exchange, redistribute, transfer and copy these films, and especially encouraged to do so for free. Any derivative works that you produce using these films are yours to perform, publish, reproduce, sell, or distribute in any way you wish without any limitations. This statement of rights describes the rights granted to you so that you can use films from the online Prelinger collection at the Internet Archive. Your right to use these films is granted by the Creative Commons Public Domain license. For details on this license, please click the Creative Commons license logo below." I, therefore, have the necessary permission to freely use this film."

This post was modified by Video-Cellar on 2009-11-28 08:52:55

Reply to this post
Reply [edit]

Poster: yofitofu Date: Nov 28, 2009 1:19am
Forum: prelinger Subject: Re: 'Archive Farms' making false copyright claims on Prelinger Collection films used on Youtube.

Archive Films is a wholly owned subsidiary of Getty Images, which is apparently the stock library which represents the high end 16mm transfer materials of Prelinger's titles. They may mistakenly believe you obtained the materials from them and signed a typical "rights managed" contract to use them. No doubt they are also seeing if you will back off, which you have not.

I recently visited the National Archives in DC and asked a researcher there how titles patently in the Public Domain could be claimed by stock footage libraries who dogmatically enforce their "title" to them. The answer I was given was that the restrictions you get depend wholly on where you source (find and copy) the materials. A stock library can make you sign a contract for the usage of their PD materials, charge you a license fee, and can even force you to sign a binding agreement that you will not share, re-sell or re-license the materials. This contract can be enforced even though you discover the materials to be in the Public Domain, believe it or not. However, the researcher told me that if you source the materials from somewhere else other than the stock library, the stock library has no claim on them. Thus, if you "found" some Hearst Metrotone Newsreels in the National Archives, you would have no obligation to ask permission of the UCLA Film and TV Archives (who "exclusively" manage this collection) to use the clips. This is of course provided the supplier to the National Archives of these PD newsreels had not place "donor restrictions" on them! Confusing?

The bottom line is that Rick Prelinger has been very generous with his archive in making it available to the general public and your usage of it in any way should not constitute a violation of Archive's (Getty) method of "caveat emptor" to it's stock footage clients, especially since Rick has clearly stated his eagerness to promote a vibrant PD environment by sharing it with the world and encouraging you to do the same.

However, Getty Images is one big bruising m-f'er, and you have to decide if fighting it out over a free posting on You Tube is worth your while. If you do decide to fight it, you will have many supporters, and I will be one of them.

Please post any response the come back with.

Reply to this post
Reply [edit]

Poster: Administrator, Curator, or StaffVideo-Cellar Date: Nov 28, 2009 2:01am
Forum: prelinger Subject: Re: 'Archive Farms' making false copyright claims on Prelinger Collection films used on Youtube.

This claim is from "Archive Farms" not "Archive Films". "Archive Farms" seem to have no affiliation with Getty Images or any of the other collections they link to on the right hand column of their blog home page. I am on solid ground particularly because I live in Australia and, as such, there's the option of getting an injuction against "Youtube" and "Archive Farms" for false claims of copyright. The beauty of Australian copyright law is that the statutory damages for copyfraud are about the same as for copyright infringement.

I'll post whatever they come back to me with.

Reply to this post
Reply [edit]

Poster: yofitofu Date: Nov 28, 2009 2:30am
Forum: prelinger Subject: Re: 'Archive Farms' making false copyright claims on Prelinger Collection films used on Youtube.

Actually, I did a little sleuthing around and found out that "Archive Farms" is a new company formed by Patrick Montgomery, who was the President and Founder of Archive Films until 1999 when it was bought by Getty. Montgomery could not have access to all of this Getty owned material and would never be allowed to link clips back to them unless he was affiliated somehow. Clearly Archive Farms is Montgomery's new attempt to form a downloadable superstore of archival PD content, perhaps in an attempt to prop up Getty's sagging archival content sales, of which he probably has a considerable interest. Here's the link to the Getty connection.

http://www.google.com/profiles/montgomery.patrick

I met Montgomery once a long time ago when I was running an archive. He is a really nice guy, so I'm surprised he would be intimidating people for posting PD materials on You Tube. Unfortunate.

Reply to this post
Reply [edit]

Poster: pmontgomery Date: Nov 28, 2009 2:15pm
Forum: prelinger Subject: Re: 'Archive Farms' making false copyright claims on Prelinger Collection films used on Youtube.

I would like to nip this in the bud if I could. I am the owner of Archive Farms and I can't find anything on YouTube which says I am claiming copyright to this film or any other film on any of my channels. As soon as YouTube notified me that you had uploaded the film I told them I did not have any dispute with that. I have no problem with you doing whatever you want with this film. There appears already to be many other copies of this film on YouTube from many different sources. The copy that I uploaded came from a 35mm print which I own, not from The Prelinger Archives.

Patrick Montgomery

Reply to this post
Reply [edit]

Poster: Administrator, Curator, or StaffVideo-Cellar Date: Nov 28, 2009 5:13pm
Forum: prelinger Subject: Re: 'Archive Farms' making false copyright claims on Prelinger Collection films used on Youtube.

Attached below is the message I received from Youtube. In order for a film to be automatically matched a portion of the film has to be loaded into the content verification system by the "rights owner". http://www.youtube.com/t/copyright_program

"Dear TheVideoCellar,

Your video, Survival Under Atomic Attack, may have content that is owned or licensed by Archive Farms, Inc..

No action is required on your part; however, if you are interested in learning how this affects your video, please visit the Content ID Matches section of your account for more information.

Sincerely,
- The YouTube Team "

This post was modified by Video-Cellar on 2009-11-29 01:13:47

Attachment: Youtube_copyright_notice_Survival.bmp

Reply to this post
Reply [edit]

Poster: migre Date: Dec 4, 2009 12:46pm
Forum: prelinger Subject: Looks like you're the copyright police here.

I guess there's an a$$hole like you in every crowd.

Do you put catshit in Christmas Stockings too?

Reply to this post
Reply [edit]

Poster: tenntony Date: Oct 1, 2010 10:02am
Forum: prelinger Subject: Re: Looks like you're the copyright police here.

The exact same thing happened to me earlier this morning, but the video I had uploaded in to Youtube is this;
http://www.archive.org/details/NewsPara1942

Archive Farms is claiming copyright with this one also. I too, filed against Archive Farms using your suggestion at the beginning of this thread.

Terms of Use (31 Dec 2014)